Hudson v. State

We affirm appellant’s conviction and write only to raise the question, albeit not addressed by the parties, as to the effect of Florida Rule of Criminal Procedure 3.220(b)(1)(B) (1996) upon the test in State v. Johnson, 284 So.2d 198 (Fla.1973), which this court recently applied in Harper v. State, 677 So.2d 72 (Fla. 4th DCA 1996).

Under Johnson, cross-examination on the absence of something in a police report is appropriate only when there is “some singular importance attaching to the point in question, which goes to a material and critical fact in serious contention in the trial.” Id. at…